Insolvency Proceedings: Temporary Practice Direction during COVID-19

A temporary Insolvency Practice Direction has been introduced in light of the current COVID-19 pandemic in order to avoid as far as possible parties attending court in person and to manage insolvency cases in accordance with the Court’s reduced resources.

This new Practice Direction came into force today (6 April 2020) and is likely to be in force until 1 October 2020, unless amended or revoked by a further practice direction in the coming months. The temporary Practice Direction includes:

  1. The adjournment of all pending applications, petitions and claim forms currently listed for hearing prior to 21 April 2020, other than winding up and bankruptcy petitions to be heard by an Insolvency and Companies Court Judge in the Rolls Building, London (paragraph 4);
  2. The process for listing “genuinely urgent” applications and hearings in the High Court (paragraph 5) including writing to the Court setting out:
    • why the application is urgent;
    • estimated time for hearing and pre-reading;
    • number of parties who will need to attend a hearing; and
    • your confirmation that the hearing can be conducted by Skype for Business, another stated remote communication application, or telephone.
  3. Remote Hearings to be conducted by way of Skype for Business or such other technology as the parties and the Court agree (paragraph 6);
  4. Electronic filing (via CE-file) such as to file a notice of intention to appoint an administrator and a notice of appointment of an administrator outside of court hours (paragraph 3).

Creditor issuing a Petition

Our specialist insolvency team regularly provide market leading advice to directors of companies and limited liability partnerships. Our work has featured in KSA Group‘s Worried Directors Guide 2018, including our authoritative guide on compulsory liquidation and winding up petitions.

We are lawyers that specialise in recovering unpaid debts from individuals or companies so we know the best way to get your unpaid debts paid up quickly. This may involve Insolvency or Litigation proceedings.

If you are owed more than £750 by a company and the debt is undisputed (for example a judgment debt) or you are a company facing a winding-up petition, we can negotiate on your behalf and advise you through the insolvency and Companies Court process. Our Winding-Up Experts are able to give specialist legal information and advice to you. To contact one of our Solicitors or Barristers please click here or call 0207 183 0529.

I have received a Winding Up Petition

If your company has received a winding up petition it is essential you seek legal advice as soon as possible. HMRC and other creditors know you are taking matters seriously when you instruct a specialist law firm to assist you by negotiating with creditors and advising and representing you in and at Court. 

We can be instructed to defend the petition or seek an adjournment at the hearing. We offer a fixed cost service to prepare and appear on your company’s behalf to seek an adjournment at the High Court (Companies Court).To instruct specialist winding up petition solicitors to oppose the Petition, contact us now. To contact one of our Solicitors or Barristers please click here or call 0207 183 0529.

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